H1B Transferred but want to stay back with old employer for 2 months

[MukeshRoy]

All,

 

Am working with Company A who is holding my H1B visa approved till May 2018. Am full time employee of Company A, and am a consultant with Company B as my Client company. Recently I have received an offer from Company C full time, and they have processed my H1B transfer in premium which has been approved as of 2 weeks back. I have resigned from Company A as of a week back. Now my client Company B see's that they need to retain me and is offering a full time with Company B., while they are asking me to stay back and work with to stay with Company A until they could process H1B transfer with Company B as petitioner., this whole process of again H1B transfer with Company B in premium might take 4 weeks from now.

 

Now that my H1B has already been transferred to company C, am I legal to stay back with previous employer Company A until Company B would process the H1B transfer.

 

 

Thanks 

Regards

Mukesh

[pontevecchio]

Nothing gets transferred. You can certainly continue working for A though read your contract with C about penalties for leaving  if any.

[adshah84]

Yes. You can legally work work Company A until Company B apply for your H1b even when your H1b is transferred to company C.  

[MukeshRoy]

Also to mention, as part of pre-employment process with Company C, they have already finished I-9 formalities. Company C would obviously start paying me when I start to work for them though.

 

I just need to know if am legal to stay back with previous employer Company A, and chose to not work or join Company C until Company B would process the H1B transfer in premium.

[pontevecchio]

Yes. But READ the contract with C for any possible penalty for leaving.